how so i get a lawyer without any money when i want to press charges on someone

by Camille McKenzie 8 min read

What happens if the prosecutor doesn’t want to press charges?

Sep 21, 2017 ¡ You can go after him in civil court with or without a lawyer, although it's usually a good idea to hire one. You can also take him to small claims court if the damages are under $6000 and small claims is easier to navigate without a lawyer, although even if you win getting him to pay up is not guaranteed.

Who can press charges in a criminal case?

Apr 29, 2020 ¡ Seek free lawyer consultations. Look to legal aid societies. Visit a law school. Contact your county or state bar association. Go to small claims court. Depending on your situation, you can employ...

How can I get a lawyer for free?

Jun 03, 2021 ¡ You can get the person done for defamation of character, which can come in two cases slander, libel, or maybe both. You may be able to seek compensation for monetary losses caused by being falsely accused of a crime, this includes attorney fees and also any loss of salary if you got fired or had to give up your job because of the accusations.

Can a private person file a criminal case without a lawyer?

Dec 20, 2011 · Well, to be more precise than anything I’ve seen so far… If you file criminal charges against a person for any of the various things that are statutory crimes: theft, fraud, assault, threatening, etc., then the District Attorney will evaluate the charges, mount an investigation if warranted, and if a case can be made the DA will make the state’s criminal case.

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What happens if you can't afford a lawyer?

In a criminal proceeding, if you can't afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as a dispute between two private parties, to get legal representation, you have to get creative. Here's how to find legal help if you can't afford a lawyer:

What time does the Akron Bar Association answer legal questions?

The Akron Bar Association, in Akron, Ohio, is an example of what's out there. You can call the second and fourth Fridays of each month from 9 to 11 a.m., as part of their Ask an Attorney Service, and they'll answer legal questions for free.

What does it mean to spend time in court?

And to add fuel to the fire, spending time preparing for a court case can mean losing wages or part of a salary. In short, if you don't have the time to self-educate, and if you can't find enough free legal advice to help you have your day in court, it's a wise decision to seek out a competent attorney.

What is legal aid?

Legal aid societies are nonprofit organizations found in almost every corner of the country that provide free legal services to low-income people. While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help.

What happens if you lose a case?

That is, if you lose your case, you won't pay money, but if you win, the law firm will take a portion of the money awarded to you. However, it's important to tread carefully before picking a lawyer. Choose a reputable attorney and make sure the rate is agreed upon before the lawyer takes your case.

Can a lawyer represent you on contingency?

It's risky for lawyers to take cases on contingency, and they need to be confident a judge or jury will side with you, and that there's going to be something sizable awarded to you. While no legal expert will suggest you represent yourself, it is an option if you're in a financial bind.

Can you go to small claims court after divorce?

For instance, you can't go to small claims court if you're trying to work out your financial affairs after a divorce. But if the stakes are fairly low where someone owes you money or is trying to collect money from you, and it isn't worth risking lawyer fees, you might consider small claims court.

What is the role of the prosecutor in criminal cases?

The prosecutor’s role in criminal charges. The prosecutor’s office will review the police reports to decide if the evidence warrants filing charges. At this stage there needs to be more than the probable cause for an arrest. The evidence needs to be good enough to make winning at trial likely.

Can you file a police report after a crime?

Sometimes you may not be sure if you want to file a police report after a crime. That’s your right, but in most cases you have a limited amount of time to make that decision. Prosecutors must file charges within a certain amount of time—called the statute of limitations —after a crime occurs.

Do you have to file a criminal report early?

That means you have to file your report early enough to allow the police and prosecutor time to do their jobs. If you have any questions about pursuing criminal charges or testifying against a suspect, a criminal lawyer in your state can help you understand your rights in your specific case.

Can a prosecutor decide if you want to press charges?

But even with your help, the prosecutor may decide the case isn’t strong enough to press charges . This can be frustrating, but the final decision is the prosecutor’s. The prosecutor may also move forward with the case even if you decide you don’t want to press charges.

Can you press charges against someone who has committed a crime?

If someone has committed a crime against you, it’s normal to want to press charges against that person. However, getting criminal charges filed is not quite as simple as filing a civil lawsuit.

Can you file charges against yourself?

Even though you can’t file charges yourself, your cooperation makes it more likely the police and prosecutor can make a strong case against the suspect. This is especially true if your statements are the main evidence against the suspect. Without your cooperation there may not be enough of a case to go to trial.

How to get justice for being wrongly accused?

The best way to receive justice for being wrongly accused would be to go through a criminal attorney as they’ll be able to guide you through the process and make sure that the person who accused you gets punished for character defamation and bringing so much stress into your life.

What to do if you are falsely accused of a crime?

Come To Terms With The Situation. If you have been falsely accused of a crime, then you’re going to have to come to terms with the fact that this is a very serious situation and even though you know you are innocent, you cannot presume that everyone else will think you are.

Can you prove that you were not at the scene of a crime?

For example, if you were at work at the time the crime was committed, there should be CCTV footage that will be able to prove that you were not at the scene of the crime. You may be able to get witness statements from people who know or saw the incident in which you are accused of a crime.

Can you press charges against someone for false accusations?

Yes, if the charges against you have been dropped or you have been proven innocent in your case, you can begin to go forward with proceeding to press charges against someone for making false accusations against you. You can get the person done for defamation of character, which can come in two cases slander, libel, or maybe both.

Can you contact an accuser?

No Contact With The Accuser. You should always avoid any contact with your accuser for the sake of the case. Due to high emotions you may do something that you will regret and may harm your reputation in the future, even if you walk away from the case as being proved not guilty.

Can you have a police interview without an attorney?

No Police Interviews Without An Attorney. Do not give any police interviews without your attorney present as police may be able to coerce you into saying something that affects the outcome of the case negatively.

Can you get defamation of character?

You can get the person done for defamation of character, which can come in two cases slander, libel, or maybe both. You may be able to seek compensation for monetary losses caused by being falsely accused of a crime, this includes attorney fees and also any loss of salary if you got fired or had to give up your job because of the accusations.

How to help an attorney evaluate a case?

You can help the attorneys better evaluate your case by providing information about the alleged crime, dates, and locations of any court appearances. First Name Step 1 of 4. Last Name Step 2 of 4. Email Address Step 3 of 4. Phone Number Step 4 of 4.

How does the prosecutor determine whether to pursue a case?

In determining whether to pursue a case, the prosecutor will consider the victim's statements and expected level of cooperation. A victim cannot force or require the prosecutor to pursue a case, but the prosecutor is more likely to pursue criminal charges if the victim is cooperative.

What to do if you are subpoenaed?

If you believe you've been the victim of a crime but the prosecutor or police refuse to pursue the case, contact a local attorney for a consultation about your rights and options. Likewise, if you receive a subpoena to testify in a criminal trial and have concerns, an attorney can advise you of your rights and appear in court with you, if necessary. It's never advisable to ignore correspondence from a prosecutor or district attorney's office or a subpoena without consulting with an attorney.

What is an unwilling prosecutor?

In some cases, a victim might want to pursue criminal charges but the prosecutor may determine a crime was not committed or that not enough evidence exists to prevail at trial, even with the victim's testimony.

What evidence is needed to make an arrest?

physical evidence, such as a weapon or property damage at the crime scene. evidence of physical injuries to the victim, and. video or audiotape of the incident. This evidence—if sufficient to establish probable cause—will support an arrest or a request for an arrest warrant. If the police don't arrest the offender but have evidence ...

Can a prosecutor go to trial without witness testimony?

In some cases, the prosecutor can decide to proceed with a trial without the victim's testimony. Other evidence in the case, such as eyewitness testimony or physical evidence, might be enough to establish the defendant's guilt. In rare cases, the court will allow the prosecutor to introduce the victim's earlier, non-sworn statements to the police or others, without having the victim present and subject to cross-examination.

Can police arrest someone if they have probable cause?

If the offender is at the scene and the offense just occurred, the police may be able to arrest the person immediately but only if the police have "probable cause"—a reasonable belief that a crime has occurred and the arrestee did it.

What to do if you don't repay a loan?

Inspite of all this, if the person is not repaying the money, then the lender has to send a letter or a legal notice stating the date of the loan, the exact amount borrowed and also the repayment terms. The letter should be certified and should demand a response. If none of the above steps works out, then he has to consult a lawyer ...

What is the scariest thing about lending money?

The Scariest thing about lending money to people is the fear of them not returning your money back. Generally, the lender has to issue a gentle reminder about the repayment of the loan. The lender may also suggest certain money returning plan, for instance, a monthly EMI plan or a quarterly plan to the person. ...

What happens if a person fails to pay a loan?

If the person fails, the lender can further file a criminal Suit against him. If the court finds him guilty, the person will be imprisoned for two years and also has to pay double the amount of the cheque issued.

How to recover money dues?

The lender may opt for out of court settlement for recovering the money dues through arbitration, conciliation or Lok Adalat. It is one of the economical and fastest ways for recovering. For out of court settlement both the parties should be willing and has to appear for the hearing. The arbitrators generally hear from both the parties and the award will be given. Once the award pronounces they cannot appeal, unless if the award is invalid or the person cannot repay within the specified time.

Can a lender file a civil suit?

The lender can file a civil suit for recovering the money he owed through promissory note or loan agreement. He can do so under Order 37 of CPC which allows the lender to file a summary suit. He can file this suit in any high court, City Civil Court, Magistrate Court, Small Causes Court.

Can a lender lend money after signing a promissory note?

The lender should lend the money only after signing the promissory note or the loan agreement which has the terms and conditions stated clearly. In case of default in the payment of money, the lender can approach the court and file a civil suit for recovery of money or a criminal suit for fraud/ breach of an agreement.

Can a lender be imprisoned for a breach of trust?

The lender has to prove that the person had committed criminal breach of trust and had not returned back the money. So he can file a suit under Sec 420 of IPC as the person whom he had to lend the money has cheated him and also under Sec 406 of IPC for Criminal Breach and if the court finds guilty, the person will be imprisoned and has to repay ...

What happens if a victim doesn't press charges?

However, can Police press charges if victim doesn’t? In reality, whether the victim presses charges or not, the police can investigate the matter and even take the suspect into their custody. From there, the prosecutor will take it up and can decide to charge the suspect with the crime.

Why do police not press charges?

The police have a warrant to arrest a victim that does not appear in court. Not pressing charges by victims is very common in cases of domestic violence. Most times, the reason may be that the victim is being threatened or intimidated by the defendant, or maybe the victim may feel he or she has a lot to lose or if she presses the charges ...

What is the difference between a prosecutor and a defendant?

A prosecutor refers to the lawyer who appears in court to solicit for a judgment that someone is guilty of an offense or crime. A defendant, on the other hand, refers to the person accused of a crime or offense. It is the prosecutor that stands against the defendant charged in courts. After the victim of the crime has reported to the police and ...

How to establish safety for yourself?

According to the Crime Survival Resource Centre of Southern California, a victim of any crime should first establish safety for himself or herself by asking for help after finding a safe place. The victim should, after that, visit a nearby hospital immediately if he or she has secured an injury.

What does it mean when a police officer is laying charges?

In laying a charge, the police will consider if there is sufficient evidence to serve as a basis for the case in court. The argument is invalid if there is no solid proof of the fact, but in cases such as domestic violence or assault murder or rape, the police can lay charges whether the victim wants it or not.

How to establish probable cause?

Creating a probable cause by the police can be established with the following; Statement of the Victim. Statement and reactions of the people around the crime scene that will serve as witnesses. A physical injury on the victim. Physical traces of the incident at the crime scene. Lastly, and if possible, the statements of the accuser of the crime. ...

How long does it take for a person to appear in court?

Also, the police may decide to hold the defendants in their custody and then make him appear in court, and this is usually within 24 hours of the arrest.

How to tell someone you owe money?

You should first send letters, emails, text messages, or social media messages to the person who owes you money. This is to prove that a debt is owed and overdue. If the other party responded by apologizing or asking for more time, you can use the communication as proof that they know they owe the debt.

What to do if you have witnesses to a court order?

Witnesses: If you have witnesses to the agreement, make sure you bring them to court with you. If you have text messages, emails, phone messages or anything else that can serve as a written witness statement to back up your claims, make sure you save them on your mobile device and make a printed copy.

Can someone who owes you money get away without saying a thing?

You must show that the amount you are claiming is owed to you. The person who owes you money can actually get away without saying a thing. That’s because they don’t have to prove they’re innocent. You should keep records of or obtain the following documents or pieces of information while preparing for your court case:

Can you sue someone for a verbal agreement?

Just watch an episode of People’s Court or Judge Judy and you’ll see that, yes, you can sue over a verbal agreement. But you have to prove your case, which can prove to be difficult. If someone breached their verbal agreement with you and you want your money back, get legal help you can trust. Contact a skilled bankruptcy attorney ...

What is the fact that the State has only presented one person's testimony against you?

You need to start preparing your defense. The fact that the State has only presented one person’s testimony against you, and no other evidence, is a proper argument to make to the jury. It goes to the weight of proof.

How does the criminal justice system work?

Many people do not understand how the criminal justice system works. When the State charges you with a crime, you are charged by the prosecuting attorney. The judge does not charge you, and the judge does not normally decide what the ‘facts’ are in a criminal case. The jury decides the facts and decides whether to acquit a defendant or find him guilty. On the other hand, a judge decides evidentiary issues, and would certainly believe that a witness’s live testimony of a crime, is relevant evidence for a jury to hear.

Can a judge argue a bench trial?

Bench Trial. This cannot be argued to the judge unless you choose a bench trial where the judge is the trier of fact. In that case, the judge will still be able to hear the live testimony as evidence. Then decide whether he or she believes the witness.

Can the state charge you with a crime based on what one person says?

The State can charge you with a crime based on what one person says. Do not plan on going to court with the belief that all you have to tell the judge is “it’s their word against yours,” and so the court should dismiss the case. Saying it’s all “he said, she said,” isn’t going to be enough to dispose of the matter. Do not think that they cannot proceed because they only have one witness. In most cases, they can, and they will.

Can you walk into court and tell the judge?

Just make sure you understand that that’s what you are going to have to do. You cannot just walk into court and ‘tell the judge.’. If you think that’s your plan, then you will go to court unprepared to defend your case. Contacting a criminal defense attorney will be in your best interests.

Can a state use a witness statement against you?

the state tries to use the person’s out of court statement against you without calling that person into court. If the individual says they witnessed the crime, and they come into court and testify about what they witnessed, then it is no longer a hearsay statement.

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Who Can Press Charges?

Getting The Process Started

  • In most cases you’ll get a criminal case started by filing a police report. Include as much information about the crime and the person who committed the crime. The police will investigate and gather as much evidence as possible. If there’s enough evidence, or witnesses to support your story, they’ll have probable cause for an arrest warrant. Probab...
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The Prosecutor’S Role in Criminal Charges

  • The prosecutor’s office will review the police reports to decide if the evidence warrants filing charges. At this stage there needs to be more than the probable cause for an arrest. The evidence needs to be good enough to make winning at trial likely. For felonies, the prosecutor may need to take additional steps before pressing charges. Some states require convening a grand jury to in…
See more on avvo.com

Your Role in Criminal Charges

  • Even though you can’t file charges yourself, your cooperation makes it more likely the police and prosecutor can make a strong case against the suspect.This is especially true if your statements are the main evidence against the suspect. Without your cooperation there may not be enough of a case to go to trial. But even with your help, the prosecutor may decide the case isn’t strong eno…
See more on avvo.com

Statutes of Limitations

  • Sometimes you may not be sure if you want to file a police report after a crime. That’s your right, but in most cases you have a limited amount of time to make that decision. Prosecutors must file charges within a certain amount of time—called the statute of limitations—after a crime occurs. The amount of time varies by state and type of crime, but generally ranges from 1 to 5 years. Th…
See more on avvo.com

The Path of A Typical Arrest

Determining Probable Cause

The Roles of The Prosecutor and Grand Jury

The Victim's Role in Prosecution

Proceeding to Trial Without The Victim

  • In some cases, the prosecutor can decide to proceed with a trial without the victim's testimony. Other evidence in the case, such as eyewitness testimony or physical evidence, might be enough to establish the defendant's guilt. In rare cases, the court will allow the prosecutor to introduce the victim's earlier, non-sworn statements to the police o...
See more on criminaldefenselawyer.com

Private Criminal Complaints and Prosecutions

Legal Representation